Cooperation of the institution; authorisation to issue statutory instruments

(1) Subject to the provisions of subsection (2), the resolution authority may require the institution to provide the resolution authority with comprehensive assistance in drawing up and updating the resolution plan. In particular, the resolution authority may require the institution to transmit to it all information and analyses required for drawing up and implementing the resolution plan. The resolution authority may impose on institutions notification and reporting obligations that are necessary for drawing up and updating the resolution plan. Section 40(4), third sentence, applies correspondingly to the institution. In the cases under the first and second sentences, and in connection with notification and reporting obligations under the third sentence, the resolution authority observes regulatory technical standards adopted under Article 11(3) of Directive 2014/59/EU.
(1a) Information and analyses under subsection (1), second sentence, notifications and reports made on account of obligations imposed on the institution by the resolution authority under subsection (1), third sentence, and all other documents that are to be submitted to the resolution authority under the provisions of this Act, must be submitted by the institution in German. They must, on request of the resolution authority, additionally be submitted in English. The resolution authority may permit the documents, or parts of them, to be submitted exclusively in English. Where the resolution authority requires submission in both languages, only the German-language version is legally authoritative.
(2) The supervisory authority and the Deutsche Bundesbank examine, in cooperation with the resolution authority, whether some or all of the information to be transmitted under subsection (1) is already available. Where corresponding information is available, the supervisory authority and the Deutsche Bundesbank make it available to the resolution authority.
(3) The resolution authority may, in agreement with the supervisory authority, 1. require an institution to keep detailed records, in a central database, of financial contracts to which it is a party, and 2. set an appropriate time limit within which the preparation of such records must be possible for all institutions. The resolution authority may set different time limits under the first sentence, point 2, for different types of financial contracts. The powers of the supervisory authority remain unaffected.
(4) The Federal Ministry of Finance is authorised to issue, by statutory instrument not requiring the consent of the Bundesrat, more detailed provisions on the nature and scope of the obligations under subsections (1) and (3) to transmit information and analyses, and of the notification obligations, the permissible data carriers, transmission channels and data formats, and the obligation to submit collective notifications and collective statements, insofar as this is necessary for the performance of the resolution authority's tasks, in particular in order to obtain uniform documents for drawing up and updating the resolution plan. The Federal Ministry of Finance may, by statutory instrument, delegate the authorisation to the resolution authority, with the proviso that the statutory instrument is issued after hearing the Federal Financial Supervisory Authority and the Deutsche Bundesbank.
(5) The resolution authority is not obliged to reimburse the institution concerned for the costs and expenses incurred as a result of the application of this provision.